Another Court Declines to Defer to DOL Guidance on 20 Percent Rule
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The emerging trend of courts declining to defer to the U.S. Department of Labor (DOL)’s recent guidance on the so-called “20% rule” and the Dual Jobs regulation continues. The U.S. District Court for the Eastern District of Pennsylvania recently joined the growing number of courts declining to afford Auer deference (or Skidmore deference) to the DOL’s recent interpretations.
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